Stephens v. State

Andrews, Presiding Judge.

John and Dwayne Stephens appeal from the judgment entered after a jury found them guilty of hijacking a motor vehicle. Because we conclude the trial court erred when it charged the jury that it was “not bound to believe incredible, impossible or inherently improbable” testimony, we reverse.

The evidence at trial, taken in the light most favorable to support the verdict, was as follows. Herman McCladdie and Mike Eubanks left Club Hollywood on the night in question and drove to Eubanks’s house. They were driving a friend’s car that had custom rims, hydraulic lifts and…